Legal Question in Criminal Law in Virginia

Gun enhancement

My fiancee recently received his PSI. However in the report they gave him a 2 point gun enhancement. He took his case to trial and got found not guilty of the gun. He originally had two charges, the gun charge and a conspiracy charge. Yes, he got found guilty of the conspiracy but not the gun. His lawyer is doing nothing and says there is some kind of law that says they can give him those two points. Is there such a law? I need help ASAP his sentencing is 10-31. Is it not crucial to get these things resolved prior to the sentencing??? PLEASE HELP!!!!


Asked on 10/13/08, 3:05 pm

1 Answer from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: Gun enhancement

I am not sure if you mean to say that he got a "deadly weapon" enhancement or if the Prior Record Score was increased by two, or if the Offense Gravity Score was enhanced by two. I would need to know that answer. But, if the conspiracy is for an underlying violent crime and a gun was possessed or used to commit the crime, the DWE can be used to increase the sentencing range.

If you mean the PRS, the PRS is only computed with PRIOR conviction, not current, so your question is incorrect on its face. If you mean the OGS, the guidelines are specific on the OGS as to what must be found at trial for any charge, including conspiracy as to what the OGS will be.

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Answered on 10/13/08, 6:11 pm


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